“No Fault” Divorce

“No Fault” Divorce in New Jersey: A Simpler Path to Separation

The decision to end a marriage is never easy. It’s a deeply personal journey filled with various emotions and uncertainties. If you’re considering a “No-Fault” divorce in New Jersey, know you’re not alone. This path allows couples to dissolve their marriage respectfully, without the need to prove any wrongdoing. Keith Family Law is here to guide you through this process, providing professional legal advice and the understanding and support you need. Our team is committed to helping you move forward with dignity, respect, and hope for a brighter future.

Understanding “No-Fault” Divorce Law

In New Jersey, a “No Fault” divorce offers a compassionate and blame-free approach to filing for divorce. This type of divorce allows couples to base their divorce on irreconcilable differences without needing to prove any fault. It’s a way of recognizing that sometimes, despite our best efforts, relationships can break down, and it’s no one’s fault. The primary focus shifts to finding amicable solutions rather than dwelling on past issues. By having their attorneys file for a “No-Fault” Divorce where it is appropriate, New Jersey couples can focus on dissolving their marriages with a focus on cooperation, avoiding unnecessary fights and finger-pointing.

What Is the Difference Between a “No-Fault” Divorce and an “Uncontested” or “Contested” Divorce?

The complexities of divorce law can be overwhelming. Understanding the difference between “No-Fault” Divorce, “Uncontested” Divorce, and “Contested” Divorce is crucial to ensuring a streamlined, safe, and appropriate resolution of your case.

In New Jersey, a “No-Fault” divorce allows couples to divorce without the need to prove any wrongdoing, usually citing irreconcilable differences or a prolonged separation. On the other hand, an “Uncontested” divorce requires both parties to agree on all issues, including child custody, property division, and alimony, enabling a smoother process. Finally, a “Contested” divorce happens when the couple cannot agree on one or more critical issues, requiring court intervention for resolution and possibly involving allegations of fault for the divorce itself.

Case Study

Meet Matthew and Tammy

Let’s explore the principles, advantages, and key considerations of a no-fault divorce, highlighting its advantages and essential considerations.

Matthew and Tammy, a New Jersey couple with two children in middle school, know they have reached a crossroads. Their marriage, like many, has experienced a natural drift. Their emotional disconnection and busy work lives have taken their toll, and they find themselves wanting to end their marriage and move on. Matthew does not want to involve blame or unnecessary confrontation, and neither does Tammy. 

Matthew and Tammy each meet with their attorneys, who advise them of the advantages of avoiding expensive and stressful ‘scorched earth’ tactics. Matthew and Tammy ultimately decided that filing for a no-fault divorce would be the best option for them.

Just because they chose the No-Fault divorce route, however, Matthew and Tammy are still accountable for disclosing and dividing assets and income. They must also work out a parenting plan and solve issues like spousal and child support. Because of these crucial legal and financial aspects, they sought guidance from experienced family law attorneys.

Matthew and Tammy soon learn a key advantage in choosing a No-Fault divorce is in shifting their focus from unnecessary fighting to accepting and moving through their divorce more quickly. Matthew and Tammy now begin to move through their divorce free from the burden of blame, and their divorce becomes simpler and more amicable.

Take the Next Step

“No-Fault” Divorce is not appropriate in every divorce. So, choosing ‘No-Fault Divorce’ under New Jersey law requires a thoughtful understanding of its legal implications through experienced legal counsel. If it is appropriate in your case, having your attorney file for a “No-fault” divorce can pave the way for a more straightforward and less adversarial separation. 

As we conclude our exploration of ‘No-Fault Divorce,’ consider how this approach can make your divorce simpler. Now, let’s take the next step towards a clearer path to divorce.

Ready to navigate your divorce with ease? Contact our experienced family law attorneys for personalized guidance tailored to your unique situation. Your journey to a more amicable separation begins with a simple step – reach out to us today.

The “No Fault” Divorce Process

We understand that making the decision to pursue a “No Fault” divorce is never easy. It’s a step that comes with a whirlwind of emotions and uncertainties. Here at Keith Family Law, we stand ready to guide you through this process with care and compassion. We’ll outline the “No Fault” divorce procedure in a straightforward and comprehensible manner, ensuring that families in NJ are well-informed every step of the way. Remember, you’re not alone on this journey.

Dividing Finances

New Jersey operates under the principle of “equitable distribution,” aiming to divide assets, property, and debt accumulated during your marriage in a manner deemed fair. It’s important to note that equitable does not necessarily mean equal.

The process begins with identifying all marital assets and liabilities. This includes everything from real estate, retirement accounts, investments, and personal property to credit card debts and loans. Once identified, these assets and liabilities are valued, often requiring appraisals or valuations.

Next comes the distribution. Some factors considered by the court include:

  • length of the marriage
  • the parties’ age and health
  • income or property brought to the marriage
  • standard of living during the marriage
  • And any written agreements made by the parties before or during the marriage


Dealing With Child Custody

The primary goal when dealing with child custody in a “No Fault” divorce is to establish an arrangement that best serves the well-being and interests of your children. Typically, many couples opt for mediation, where a neutral third party facilitates discussions about custody, parenting time, and other related matters. If you or your co-parent choose to request a formal child custody hearing, the courts will take a close look at your situation to create a suitable plan. Most parents eventually work out agreements regarding child custody arrangements and parenting time, but these agreements must be submitted for approval. No-fault divorces are granted once the parties have reached a settlement agreement on child custody and child support.

Let Keith Family Law Attorneys Lead the Way

We know that navigating through a “No-Fault” divorce isn’t always the easiest time, especially when dealing with children. But remember, legal support exists, so you don’t have to deal with things alone. At Keith Family Law, our compassionate family law attorneys are here to guide you and provide the support you need during this challenging time.

Whether you need help understanding financial implications or child custody arrangements or simply seeking reassurance and guidance, we’re here to help.

Start your journey to your brighter future today by reaching out to us if you’re in the following NJ counties:

  • Union County
  • Essex County
  • Middlesex County
  • Warren County
  • Hunterdon County
  • Morris County
  • Hudson County
  • Bergen County
  • Monmouth County

Every end is a new beginning

Contact our family law attorneys today to schedule your initial consultation or explore how we can help people just like you in specific family law areas: